HomeMy WebLinkAbout5.704 Original Contract
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fiLED feR kECOilO :,1 '1 hE Ri:GUEST
AFTER RECORDING RETURN TO:
William E. Bloor, City Attorney
City of Port Angeles
P.O. Box 1150,321 E 5th St
Port Angeles, W A 98362
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2005 MAR -7 AM 10: 00
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2005 1151919
Clallam
County
DOCUMENT'
GRANTOR:
GRANTEE:
LEGAL DESCRIPTION:
ASSESSORS"S PARCEL NO:
SETTLEMENT AGREEMENT
City of Port Angeles
Bonnie Purvis
North half of Lots 17 and 18 Block 199 TP A, Clallam County
SETTLEMENT AGREEMENT
This Agreement is made between the City of Port Angdes, hereafter the "City", and
Bonnie Purvis, a smgle woman, hereafter the "Owner."
Parties recite and agree as follows:
1. The Owner holds fee title to and controls the property at 516 S. Peabody Street
within the City of Port Angeles, legally described as: North half of Lots 17 and 18
Block 199 TP A, Clallam County.
2. The Owner purchased the property at 516 S. Peabody Street with the expectation
of improving the garage\outbuilding (the Building) to allow for commercial
occupancy purposes.
3. The Owner's application for a buildmg permit was denied because the Building IS
in a non-conforming location on the property, the Owner's proposed use was an
illegal non-conforming use, and encroaches upon the City's right-of-way.
4. The dispute was referred to the City Attorney's office for legal actIOn, and
subsequently the partIes have agreed to resolve ~his dispute on the terms and
conditions set out below.
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5. For its part, the City will grant to the Owner a permit for an electrical upgrade of
the Building, and upon satisfactory inspection an occupancy permit.
6. In return, the Owner agrees to fully comply with the following terms and
conditions:
a. The Owner will indemnify and save harmless the City and its successors
and assigns, from any claim, action, liability, loss, damage or suit, arising
from the location or use of the Building near the right-of-way at 516 S.
Peabody Street.
b. Should the CIty at any time determine the encroachment on the right-of-
way should be removed, the City shall gIVe Owner 90 days notice to
vacate said garage/outbuilding and to remove the encroaching portion of
the structure. The Owner agrees to cease use of said Buildmg upon said
notice. A permit to move the Building to a conforming location on the
property shall not be unreasonably withheld from Owner under such
circumstances.
c. The Owner agrees to compensate the City for use of the right-of-way the
annual sum of$70.00, with the first payment due March 7,2005 and due
on the same date annually thereafter.
d. Prior to any occupancy of the Building, the Owner shall construct an
interior partition wall that separates the portion of the Building that
encroaches on the right-of-way. The wall shall be constructed so that it
could support the Building in the event of an impact to the portion of the
Building that encroaches on the right-of-way. Use of the separated portion
which encroaches into the right-of-way may be for storage or other non-
habitable uses only. The Owner shall obtain a building permit. No
occupancy of the Building is allowed until the wall is constructed and
approved.
7. Neither party will seek costs, expenses, or damages of any type from the other.
8. This Agreement shall be in effect until the encroachment is removed from the
right-of-way and the property is brought into compliance with all City codes and
regulations.
9. If the property is sold, the property shall be brought into compliance with all CIty
codes and regulations.
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10. This Agreement is intended to be the full, final and complete settlement of all
pending claims or claims that could have been raised or made resulting from thIS
dispute.
II. This Agreement is expressly limited to the facts of this case. It is not intended to
establish precedent or to have any effect on the interpretation of the City's code or
regulations outside the facts of this particular case.
12. This writing states the entire agreement of the parties relatmg to the subject matter
hereof. This incorporates and supersedes all prior discussions, negotiations and
agreements. There are no other agreements, written or oral, that relate to the
subject matter hereof that are separate from this agreement.
13. This Agreement shall be recorded in the records of the Auditor of Clallam
County.
::ryl:g;?~
William E. Bloor
Owner:
By: &~ ~_
Bonnie Purvis
TItle: City Attorney
Date: February g, 2005
Date: February -'-2-,2005
STATE OF WASHINGTON)
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County of Clallam )
On this /7 day of February, 2005, before me, the undersigned, a Notary Pubhc in and for the State ofWashmgton,
duly commisslOned and sworn, pers_~ appeared WILLIAM E BLOOR, to me known to be the CIty Attorney of
the CITY OF PORT ANGEL~'~Anvf.t6~ corporation that executed the foregoing instrument, and
acknowledged the saId mS~~~!Rii61l6~/~nd voluntary act and deed of saId muniCIpal corporation, for the
uses and purposes therein#ent't~, an(f~~~tated that he IS thonzed to execute the aId mstrument.
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STATE OF WASHINGTON)
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County of Clallam )
On thIS 17 day of February, 2005, before me, the underSIgned, a Notary Pubhc m and for the State ofWashmgton,
duly COlllllllsslOned and sworn, personally appeared BONNIE PURVIS, to me known to be the mdIvIdual who
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executed the fore nt.~~~ %knowledged the said instrument to be her free and voluntary act and deed,
and on oath state thlcf'CjiiYlh~~~execute the said instrument.
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